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Powers & Duties of Notary

Which of the following statements about within-state acknowledgments is NOT correct?

A

A notary public may take a within-state acknowledgment at any place within New York.

B

A justice of the supreme court may take a within-state acknowledgment at any place within New York.

C

A judge or clerk of a court of record may take such an acknowledgment only within the district where authorized to perform official duties.

D

A justice of the peace may take such an acknowledgment anywhere in New York State.

Correct Answer

D. A justice of the peace may take such an acknowledgment anywhere in New York State.

AI Explanation

The justice-of-the-peace rule is county-limited, not statewide. Real Property Law §298 permits a notary public and a justice of the supreme court to act more broadly, but a justice of the peace or similar local judicial officer may act only within the county containing the town, village, or city of authority. Not to be confused with the statewide authority of a notary public.

Powers & Duties of Notary Question #220
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